Donations to Steve Held Foundation Incorporated are tax deductible. However, any farmer or rancher with a riser pipe connection could attach the gated pipe and irrigate his field with it. Therefore, we address each factor in turn. Used - Very Good. 27 people named Steve Held found in Los Angeles-Riverside-Orange County, Redding and 4 other cities. Fifth generation Montana See more 358 people like this 363 people follow this 39 people checked in here http://www.broadusmontana.com/ (406) 436-2626 broadusmotels@gmail.com Unsurprisingly, there was no evidence that the irrigation system at issue here had been used on other properties previously. 36 Neither party disputes the existence of a contract involving the pivot irrigation system at issue. Report response as inappropriate 8 On July 8, 2012, Welu notified Held that he had sold the pivots and that Agri would enter the property to dismantle and remove the pivots, electrical boxes, motors, pumps, and other components not buried in the ground. $94. Broadus is located at 4526?34?N 10524?33?W / 45.44278N 105.40917W / 45.44278; -105.40917 (45.442809, -105.409147). Welu believed that irrigated alfalfa fields would increase the amount of game attracted and retained on the property in those areas. The cyto . 7 In early 2012, Welu scheduled a training session with Agri for the purpose of instructing Held on how to operate and maintain the irrigation system. The Dissent would have this Court reach the merits of Welu's unjust enrichment claim, arguing that because the contract did not expressly cover ownership of the pivot irrigation system, the contract does not preclude an unjust enrichment claim. 52 Here, the District Court examined the contract between the parties; found that it had no term governing ownership or removability of the pivot irrigation system; determined that the irrigation system constituted a fixture; and then, as a result, declared the system owned by Held, even though Welu had purchased it. 10 Glendale, AZ 85308 Cell phone: (602) 387-0697 Websites: Website, Facebook, Twitter, LinkedIn Screenname: steveheld1 Member since: 10/01/2015 Real Estate Licenses: Not provided Other Licenses: BR658646000 (Associate Broker) STEVE HELD's Video In fact, prior to filing suit, Welu had already explored selling the irrigation system at issue here, and sought to use it on his other properties in Texas. The Broadus post office was established in 1900. Held, as the incidental beneficiary of an irrigation system primarily meant to improve Welu's hunting fortune, could have easily ceded the aboveground portions of the pivot irrigation system. 24 When addressing the intent factor in its Findings of Fact and Conclusions of Law, the District Court stated that [s]ignificantly, the intent issue is one of determining objective intent. (Emphasis in original.) Further, the District Court determined that Welu was not liable to Held and THSH under any of their alleged counterclaims and, similarly, that Held and THSH were not otherwise liable to Welu under any of his alleged claims. As the Dissent points out, the Restatement has identified circumstances in which a breaching party may recover from a non-breaching party based on the theory of unjust enrichment; however, these circumstances are not present in the instant case. 56 Since I think it clear that both the District Court and this Court conclude there was no contract as to ownership of the pivot system, and ownership was in fact determined only on the basis of a statute, I would find Welu is not precluded from recovering in equity under a theory of unjust enrichment, and that his plea as to unjust enrichment should be examined. Located along the section of Highway 212 known as the Warrior Trail, Broadus has been described as the "Gateway" or "Crossroads" of Southeast Montana. Uncover details about birth, marriage, and divorce. BETH BAKER Box 549, Miles City, MT 59301-0549 was used in 2000, P.O. 28 2. 1 This case stems from a disagreement over the ownership and operation of an irrigation system on a ranch near Broadus, Montana. 1717 Main Street Miles City, MT 59301. By affirming the District Court's fixture analysis, this Court employed 70-18-101, MCA, and necessarily found there was no agreement between the parties regarding ownership or removal of the pivot system. Landlines . Stephen Allen Held (born August 26, 1960) is an American actor and rancher, known for Patriot Games (1992), Return to Lonesome Dove (1993) and Baywatch (1994), who also served on the National Board of Directors for the Screen Actors Guild (SAG) from 1988 to 1990 and as the National Chair of the SAG Young Performers Committee. Who are the acquaintances for Stephen Held. See Bradkin v. Leverton, 26 N.Y.2d 192, 257 N.E.2d 643, 309 N.Y.S.2d 192 (1970); Fox v. Lummus Co., 524 F. Supp. The party in breach is, in any case, liable for the loss caused by his breach. Clayton Stevenson Memorial Chapel (Main Office) 102 Custer - PO Box 130 Wolf Point, MT 59201. Donations to Steve Held Foundation Incorporated are tax deductible. Further, during Held's operation of the system, a motor was burned out and a supply pipe burst. Indeed, the record reflects that Welu's sole purpose in acquiring land from Held in the first place was to enjoy the hunting that he thought the area could be manicured to offer. Pruyn, 63-64 (citations omitted) (emphasis added). 53 The inconsistency in the Court's rationale underlying its ownership and fixture analysis is overlooked by the Court because it dismisses Welu's equitable plea out of hand, based on an improperly applied rule of Pruyn.2 I would instead reason in a manner consistent with the District Court's findings on the fixture issue: since the contract between the parties contemplated only maintenance of the system, and not ownership of the system;3 and since ownership was in fact statutorily determined; there was no contract between the parties that would preclude an unjust enrichment analysis under Pruyn, 63. Get this The Billings Gazette page for free from Wednesday, April 19, 1989 , 1989 11-A LOCAL DEATHS Frances Dickson, 68, of 1703 Lewis Ave. John F. McDonald, 88, of 3638 Highway 87 E AREA DEATHS . Box, Broadus, MT 59317 was used in 2006, P.O. Inadvertent errors are possible. Pruyn, 63 (citing Maxted v. Barrett, 198 Mont. Held disputes whether the irrigation system was fully installed at this point. Estate of Pruyn, 63. 2. information about Steve Held Foundation Inc However, as a matter of equity and justice, Welu's shortcomings in business prudence and legal matters should not serve to enrich Held to the tune of one million dollars when he was, as the trial court determined, merely an incidental beneficiary of Welu's purchase. In other words, this is a 1 time cost for me. Steve Held Foundation Inc in Broadus, Montana (MT) Table of contents: Overview Detailed Reports Revenue, Expenses, and Changes in Net Assets or Fund Balances Balance Sheets Other Information Reason for Public Charity Status Other organizations in Montana The irrigation system in question was placed on the defendants' property by agreement of the parties. Among other things, a claim of unjust enrichment requires a plaintiff to show the element of misconduct or fault on the part of the defendant or that the defendant somehow took advantage of the plaintiff. Nonetheless, at the start of the 2012 growing season, Held proceeded to operate the irrigation system. Our rule of Pruyn notwithstanding, the Restatement (Third) of Restitution and Unjust Enrichment clearly contemplates recovery in unjust enrichment when an existing agreement is indefinite. Further, [t]he whole of a contract is to be taken together so as to give effect to every part if reasonably practicable, each clause helping to interpret the other. Section 28-3-302, MCA. In addition to the tracts of land, the parties obtained certain rights relating to the entirety of the Ranch: Welu acquired the exclusive use of hunting rights on the entire Ranch during his lifetime; the Platts were granted exclusive recreational use of the Ranch during their lifetime; and the Helds were granted an exclusive privilege to use the Ranch for livestock grazing purposes. I would pick up the primary costs associated with set up and installation. Held Steve Broadus, Montana. Aged 83. 39 In full, 374 of the Restatement (Second) of Contracts, entitled Restitution in Favor of Party in Breach, states: (1) Subject to the rule stated in Subsection (2), if a party justifiably refuses to perform on the ground that his remaining duties of performance have been discharged by the other party's breach, the party in breach is entitled to restitution for any benefit that he has conferred by way of part performance or reliance in excess of the loss that he has caused by his own breach. Further, even if, as the District Court concluded, Welu performed, but breached the contract, the Restatement still contemplates Welu's recovery in 36: (1) A performing party whose material breach prevents a recovery on the contract has a claim in restitution against the recipient of performance, as necessary to prevent unjust enrichment. Restatement (Third) of Restitution and Unjust Enrichment, 36 (2011). (optional). On appeal, this Court affirmed, concluding that where one party repudiates a contract or breaches it by non-performance, the injured party may seek restitution of the unjust enrichment whether the Statute of Frauds applies or not. Robertus, 205 Mont. 19 found for Steve Broadus in 25 cities. Messages to Murray Dixon, c/- PO Box 5191, Palmerston North 4441. 9 Following Held's refusal to allow his workers to remove the irrigation system, Welu filed the instant action against Held and THSH arguing that the pivot irrigation system should be returned to his possession, that the Defendants had converted his property by exercising unauthorized dominion or control over the irrigation system, that Defendants had been unjustly enriched through their possession of the irrigation system, and that the Defendants have caused him damages by way of lost opportunity and revenue. 81, 87, 643 P.2d 1161 (1982)). Search Background Check Edit Listing. Broadus, MT 59317. course of synthesis, peptide hormones are diverted to secretory properties, IGF1 primarily influences phenotypes that are modi-vesicles via a regulated secretory pathway (Fig. All mentioned corporate names and trademarks are the property of their respective owners. Refine Your Search Results All Filters 1 Steve Held, 60 Resides in Chino Hills, CA Lived In Berea KY, Ontario CA, Racine WI, Hot Springs Village AR Related To Maureen Held, David Held, Amy Held Initially, Welu endeavored to restore the existing, but inoperable, flood irrigation system located on TSHS's property. Home Find Alumni Photos & Yearbooks Find Reunion Plan Reunion Apparel. 150, 156, 432 P.2d 386, 391 (1967); Estate of Pruyn, 64; Hinebauch v. McRae, 2011 MT 270, 29, 362 Mont. 17 We emphasize that, as illustrated by our decision in Schwend, the specific question of whether an irrigation system is a fixture requires application of the annexation, adaptation, and intent test that is unique to the facts of each case. Left out of the Court's Opinion is the reason why there is a fixture analysis of the irrigation system in the first place. 30 The interpretation and construction of a contract is a question of law which, in the context of a District Court's ruling in a civil bench trial, we review for correctness. Affirmed. B. Did the District Court err in determining that the entire pivot irrigation system constituted a fixture? Broadus Map Broadus is a town in and the county seat of Powder River County, Montana, United States. STEVE HELD FOUNDATION INC is an utilities company based out of PO BOX 69, Broadus, Montana . 16 Personal property may become a fixture pursuant to 70-15-103, MCA, which provides, in relevant part, that [a] thing is deemed to be affixed to land when it is permanently attached to what is thus permanent as by means of cement, plaster, nails, bolts, or screws. Section 70-15-103(4), MCA. 54 To reach Welu's unjust enrichment claim would be consistent with the Restatement (Third) of Restitution and Unjust Enrichment, our own precedent, and the law in other jurisdictions. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Disclaimer: Reference to these media outlets or TV shows should not be construed to imply an endorsement or sponsorship of Spokeo or its products. Further, Agri advised Mr. Held that failure to move the fence would result in the pivot being damaged. Box 3, Broadus, MT 59317-0003 was in use in 2000 - 2018, P.O. However, such a determination also requires us to determine whether those facts satisfy the legal standard provided by 70-15-103, MCA, and our precedent in Schwend. Regardless, focusing as the Court does on a contractual analysis and what party breached the contract, while leaving unexamined the Restatement on Restitution and Unjust Enrichment, misses the larger and much more important pointthe unjust enrichment here arose not from the contract between the parties, but by operation of statute. The District Court erred because it failed to consider that, as Pruyn notes above, unjust enrichment does not always require a wrongful act. In the fall of 1977, a dispute arose as to the amount of rent owed for one of the tracts of land. In the absence of a contract, [a]n implied contract springs from principles of natural justice and equity, based on the doctrine of unjust enrichment. Ragland v. Sheehan, 256 Mont. In Schwend, we observed that funds to purchase irrigation systems are obtained frequently through a government agency, which holds a purchase money security interest. It is a fixture, a part of the real property under Montana law. Specifically, the determinative question here is whether the pieces of the pivot irrigation system Welu sought to remove were an integral part of the pivot irrigation system as a whole, and whether the removable components were adapted to the particular real property at issue. He can use alternative names such as Stephen A Held, S Held, Stephen Allen Hough, Stephen Hough, Steve Held, Stephen Held, Stephen A Hough. While the record in these proceedings is silent as to the source of funding for the irrigation system, it cannot seriously be contended that most farmers and ranchers in Montana would ever be able to obtain the funds to purchase the irrigation pipe through a government agency, which [would hold] a purchase money security interest in the pipe[,] if the pipe and aboveground portions of the system were destined to become part of the realty it served. I cannot align with either of those rationales, and thus do not believe the system can be considered annexed under Schwend.1 Welu's aboveground pivot system, which was designed to move as it irrigates and was in the process of being dismantled, cannot reasonably be considered a permanent fixture to Held's land. He was born on Aug 26, 1960. There is no evidence in the record that the parties intended the pivot irrigation system to be moved to different locations on different fields. 109, 354 P.3d 572. Welu and Agri maintain that by October 2011, the irrigation system was fully installed, as evidenced by the fact that Agri had provided Welu with a run through of the system and then winterized it in place. Numbers Only Business Data 21 Technology Dr, West Lebanon, NH 03784 (603) 298-5791 www.numbersonly.com. Help. The motel is within walking distance of mostly everything in town. 31 It is undisputed that, at the time they entered into the agreement concerning the pivot irrigation system, it was the intention of the parties to provide Welu with green fields on which to hunt. . 1908, for the said County of Fergus, Montana, will expire at 9 o'clock p. in. Based on public records. The funeral service will be held on Saturday September 7th at Pierce Funeral Home 9609 Center Street Manassas, VA 20110 at . Box 69, Broadus, MT 59317-0069 was used in 2012. We found 2 records matching "Steve Held". In short, because the Court found no fault or misconduct on the part of Held, our precedent does not support the imposition of an unjust enrichment recovery against him. This meant that Held did not repair the pivot irrigation system to full operation during May or June 2012., We Concur: Schwend, 30, 34. Join Facebook to connect with Steve Held and others you may know. (2) To the extent that, under the manifested assent of the parties, a party's performance is to be retained in the case of breach, that party is not entitled to restitution if the value of the performance as liquidated damages is reasonable in the light of the anticipated or actual loss caused by the breach and the difficulties of proof of loss. We cannot guarantee the accuracy, correctness and/or timeliness of the data. Search for profiles by email and username. Sagebrush Inn and Suites. See, e.g., Sebena v. State, 267 Mont. 42 Further, even if we were to assume that it was possible for Welu to proceed on an unjust enrichment claim, applying the doctrine in this case would contravene decades of this Court's well-established precedent. 3. The pivot irrigation system remained unrepaired and offline during May and June of 2012. We disagree. Montana's best first impression or last lasting memory is found in 'the Wavingest Town in the West', Broadus, Montana. The wrongful act requirement of Pruyn is thereby met: Held's refusal to cede or pay Welu for those aboveground portions is a wrongful act. After the land sale, all the parties entered into a recorded agreement. Indeed, Welu's stated intent to sell the aboveground portions or use them on his other properties, bolstered in fact by Agri's partial dismantling of those aboveground components, is evidence Welu always intended the system to be removable. Did the District Court err in determining that the entire pivot irrigation system constituted a fixture? However, in my opinion, Held both committed a wrongful act, and took advantage of Welu. We apply de novo review to the question of whether facts satisfy a legal standard. Schwend, 25 (emphasis added) (quoting Wyo. Subsequently, the Helds transferred ownership of their parcel to Twin Hearts Smiling Horses, Inc. (THSH), and Welu transferred ownership of his parcel to Twin Hearts, LLC. Full Name, Age, Job and Education Records, View Social Media Profiles & Photos in One Place, Estimated values of property, vehicles, aircraft and watercraft, These are the people who lived at the same address and at the same time as this person, By using tree view and force view visualization techniques, you can discover potential connections between people based on information about their previous addresses. Under the Dissent's interpretation of the case, Welu is the party justifiably refusing to perform citing Held's apparent breach. Contact us. On May 3, 2012, citing ongoing issues with the irrigation system, Welu informed Held that he had instructed Agri not to do any more work on the pivots until I give [Agri] further directions. The District Court noted that, had Welu not interfered and prevented Agri, the contractor who had installed the pivot irrigation system, from working on the pivots, Held would have had sufficient time, as of May 3, 2012, to plant and pivot irrigate an alfalfa crop to provide Welu's required green fields to hunt on by the start of the fall hunting season, in satisfaction of the contract. Facebook gives people the power to share and makes the world more open and connected. When determining whether the irrigation pipe at issue in Schwend was a fixture, we stated we review a district court's conclusion of law for correctness, citing Carbon County v. Union Reserve Coal Company, 271 Mont. Under the 2009 agreement, Welu purchased one of the three 2,000 acre parcels, while the Helds retained a 2,000 acre parcel, and the remaining 2,000 acre parcel was transferred to the Platts. A pump goes out, you replace it. 1). You will maintain them and operate them. 377 (Neb. I would expect you to be responsible for all on going [sic] maintenance and operational costs . 323, 329, 627 P.2d 958, 961 (1983)). If Held chose to keep the system, as he apparently has, Welu is entitled to restitution generally corresponding to the amount of its value under the theory of unjust enrichment. Co. v. Wyo. Robertus, 205 Mont. It is often unjust to allow the injured party to retain the entire benefit of the part performance rendered by the party in breach without paying anything in return. 48 Second, to bolster its finding to the contrary, the Court conflates the intent of the parties with sufficient physical characteristics of permanence under Schwend: There is no evidence in the record that the parties intended the pivot irrigation system to be moved to different locations on different fields. Opinion, 20. 322, 327, 846 P.2d 1000, 1004 (1993); Randolph V. Peterson, Inc., v. J.R. Simplot Co., 239 Mont. Spokeo's database, while extensive, does not contain all U.S. warrant, arrest, court, or other related records. However, we also stated that, while all parties in Schwend had testified as to their intent regarding the irrigation pipe, the controlling intent is the objective intent of those who installed the purported fixture. Schwend, 32 (emphasis added). [3] The population was 456 at the 2020 census . 40 The rule cited by the Dissent is grounded in the theory that where a party justifiably refuses to perform based on the other party's breach, unjust enrichment serves as a vehicle to reimburse him for the benefit he has conferred on the party who has already breached the agreement. At that time, the plaintiffs had prepared and planted a portion of that tract, incurring certain expenses. 3 In 2005, Steve Held and Ginger Held (the Helds), together with David Platt and Diane Case (the Platts), purchased an approximately 6,000 acre ranch roughly 16 miles south of Broadus in Powder River County, called the Twin Hearts Angus Ranch (the Ranch). Robertus, 205 Mont. 2018 Principal Officer Steve Held Main address 10 Turret Buttes Rd Broadus, MT 59317 United States EIN 81-0502393 NTEE code info Human Service Organizations (P20) IRS filing requirement This organization is required to file an IRS Form 990-N. Sign in or create an account to view Form (s) 990 for 2012 and 2009. Agri advised Held that he would need to move a portion of a fence on his property because it was hindering the path of movement of one pivot, which prevented the irrigation system from completing a full circle. Broadus is a small south-eastern Montana town in Powder River County located along Highway 212. If, as the District Court acknowledged, Welu is the breaching party and there was still time for Held to have performed but for Welu's interference,4 (Opinion, 31), the Restatement, in both the body of 374 and comment (a), clearly contemplates Welu's recovery in restitution. If the benefit received exceeds that loss, the rule stated in this Section generally gives the party in breach the right to recover the excess in restitution. It sits near the Powder River in the former Indian territory of Powder River Basin and is often referred to as a gateway to Montana's southeast. With Held's unjust enrichment occurring by operation of statute and thereby wholly outside of contract, it is in the end immaterial what party breached a contract that was indefinite as to the term of ownership. Stephen Held, age 60s, lives in Broadus, MT. The staff and management are very accommodating. Held had prepared the relevant areas and was ready to plant alfafa by April 2011. Register now Is this your nonprofit? 23 As noted above, the components Welu sought to remove included the spans, towers, rotophases, and electrical panels. In other words, Welu argues that he should be able to remove, essentially, every aboveground piece of the pivot irrigation system. A farmer or rancher using this system needs the gated pipe to irrigate. Fallon County Times (Baker, Mont.) Search for Criminal & Traffic Records, Bankruptcies. Therefore, though the factual findings are reviewed for clear error, the question of whether an irrigation system constitutes a fixture is reviewed de novo. Dearly loved wife of Murray. 33 Unjust enrichment is an obligation created by law in the absence of an agreement between the parties. Estate of Pruyn v. Axmen Propane, Inc., 2009 MT 448, 63, 354 Mont. 1 Stephen Held (Held) and Twin Hearts Smiling Horses, Inc., appeal from the Findings of Fact, Conclusions of Law, and Order, Judgment, and Decree entered by the Sixteenth Judicial District Court, Powder River County, following a bench trial. The following spring, the defendant informed [the plaintiffs] that they could no longer enter his land and terminated both lease agreements. Robertus, 205 Mont. The town was named after the Broaddus family, early settlers in the area. These efforts ceased in 2010 after the failure to restore the flood irrigation system to the operational condition desired by Welu. As a result, Welu's unjust enrichment claim fails and Held gains a windfall in the form of a million dollar irrigation system which, as the trial court acknowledged in its findings of fact, was never meant to primarily benefit him. A motor was burned out and a supply pipe burst Broadus, MT 59201 defendant [... 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